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1 | AN ACT concerning human trafficking.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Finance Act is amended by adding | ||||||
5 | Section 5.855 as follows: | ||||||
6 | (30 ILCS 105/5.855 new) | ||||||
7 | Sec. 5.855. The Specialized Services for Survivors of Human | ||||||
8 | Trafficking Fund. | ||||||
9 | Section 10. The Clerks of Courts Act is amended by changing | ||||||
10 | Section 27.6 as follows:
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11 | (705 ILCS 105/27.6)
| ||||||
12 | (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, | ||||||
13 | 96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and | ||||||
14 | 97-1150) | ||||||
15 | Sec. 27.6. (a) All fees, fines, costs, additional | ||||||
16 | penalties, bail balances
assessed or forfeited, and any other | ||||||
17 | amount paid by a person to the circuit
clerk equalling an | ||||||
18 | amount of $55 or more, except the fine imposed by Section | ||||||
19 | 5-9-1.15
of the Unified Code of Corrections, the additional fee | ||||||
20 | required
by subsections (b) and (c), restitution under Section | ||||||
21 | 5-5-6 of the
Unified Code of Corrections, contributions to a |
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| |||||||
1 | local anti-crime program ordered pursuant to Section | ||||||
2 | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | ||||||
3 | Corrections, reimbursement for the costs of an emergency
| ||||||
4 | response as provided under Section 11-501 of the Illinois | ||||||
5 | Vehicle Code,
any fees collected for attending a traffic safety | ||||||
6 | program under paragraph (c)
of Supreme Court Rule 529, any fee | ||||||
7 | collected on behalf of a State's Attorney
under Section 4-2002 | ||||||
8 | of the Counties Code or a sheriff under Section 4-5001
of the | ||||||
9 | Counties Code, or any cost imposed under Section 124A-5 of the | ||||||
10 | Code of
Criminal Procedure of 1963, for convictions, orders of | ||||||
11 | supervision, or any
other disposition for a violation of | ||||||
12 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||||||
13 | similar provision of a local ordinance, and any
violation of | ||||||
14 | the Child Passenger Protection Act, or a similar provision of a
| ||||||
15 | local ordinance, and except as otherwise provided in this | ||||||
16 | Section
shall be disbursed
within 60 days after receipt by the | ||||||
17 | circuit
clerk as follows: 44.5% shall be disbursed to the | ||||||
18 | entity authorized by law to
receive the fine imposed in the | ||||||
19 | case; 16.825% shall be disbursed to the State
Treasurer; and | ||||||
20 | 38.675% shall be disbursed to the county's general corporate
| ||||||
21 | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | ||||||
22 | shall be deposited
by the State Treasurer into the Violent | ||||||
23 | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | ||||||
24 | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | ||||||
25 | be deposited into the Drivers Education Fund, and 6.948/17 | ||||||
26 | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 |
| |||||||
| |||||||
1 | deposited into the
Trauma Center Fund from the 16.825% | ||||||
2 | disbursed to the State Treasurer, 50% shall
be disbursed to the | ||||||
3 | Department of Public Health and 50% shall be disbursed to
the | ||||||
4 | Department of Healthcare and Family Services. For fiscal year | ||||||
5 | 1993, amounts deposited into
the Violent Crime Victims | ||||||
6 | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | ||||||
7 | Fund, or the Drivers Education Fund shall not exceed 110%
of | ||||||
8 | the amounts deposited into those funds in fiscal year 1991. Any
| ||||||
9 | amount that exceeds the 110% limit shall be distributed as | ||||||
10 | follows: 50%
shall be disbursed to the county's general | ||||||
11 | corporate fund and 50% shall be
disbursed to the entity | ||||||
12 | authorized by law to receive the fine imposed in
the case. Not | ||||||
13 | later than March 1 of each year the circuit clerk
shall submit | ||||||
14 | a report of the amount of funds remitted to the State
Treasurer | ||||||
15 | under this Section during the preceding year based upon
| ||||||
16 | independent verification of fines and fees. All counties shall | ||||||
17 | be subject
to this Section, except that counties with a | ||||||
18 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
19 | subject to this Section. For offenses
subject to this Section, | ||||||
20 | judges shall impose one total sum of money payable
for | ||||||
21 | violations. The circuit clerk may add on no additional amounts | ||||||
22 | except
for amounts that are required by Sections 27.3a and | ||||||
23 | 27.3c of
this Act, unless those amounts are specifically waived | ||||||
24 | by the judge. With
respect to money collected by the circuit | ||||||
25 | clerk as a result of
forfeiture of bail, ex parte judgment or | ||||||
26 | guilty plea pursuant to Supreme
Court Rule 529, the circuit |
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| |||||||
1 | clerk shall first deduct and pay amounts
required by Sections | ||||||
2 | 27.3a and 27.3c of this Act. This Section is a denial
and | ||||||
3 | limitation of home rule powers and functions under subsection | ||||||
4 | (h) of
Section 6 of Article VII of the Illinois Constitution.
| ||||||
5 | (b) In addition to any other fines and court costs assessed | ||||||
6 | by the courts,
any person convicted or receiving an order of | ||||||
7 | supervision for driving under
the influence of alcohol or drugs | ||||||
8 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
9 | court. This amount, less 2 1/2% that shall be used to
defray | ||||||
10 | administrative costs incurred by the clerk, shall be remitted | ||||||
11 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
12 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
13 | $100 shall not be considered a part of the
fine for purposes of | ||||||
14 | any reduction in the fine for time served either before or
| ||||||
15 | after sentencing. Not later than March 1 of each year the | ||||||
16 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
17 | remitted to the State Treasurer under
this subsection during | ||||||
18 | the preceding calendar year.
| ||||||
19 | (b-1) In addition to any other fines and court costs | ||||||
20 | assessed by the courts,
any person convicted or receiving an | ||||||
21 | order of supervision for driving under the
influence of alcohol | ||||||
22 | or drugs shall pay an additional fee of $5 to the clerk
of the | ||||||
23 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
24 | defray administrative costs incurred by the clerk,
shall be | ||||||
25 | remitted by the clerk to the Treasurer within 60 days after | ||||||
26 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure |
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| |||||||
1 | Research Trust Fund.
This additional fee of $5 shall not
be | ||||||
2 | considered a part of the fine for purposes of any reduction in | ||||||
3 | the fine for
time served either before or after sentencing. Not | ||||||
4 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
5 | a report of the amount of funds remitted to
the State Treasurer | ||||||
6 | under this subsection during the preceding calendar
year.
| ||||||
7 | (c) In addition to any other fines and court costs assessed | ||||||
8 | by the courts,
any person convicted for a violation of Sections | ||||||
9 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | ||||||
10 | Criminal Code of 2012 or a person sentenced for a violation of | ||||||
11 | the Cannabis
Control Act, the Illinois Controlled Substances | ||||||
12 | Act, or the Methamphetamine Control and Community Protection | ||||||
13 | Act
shall pay an additional fee of $100 to the clerk
of the | ||||||
14 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
15 | defray administrative costs incurred by the clerk,
shall be | ||||||
16 | remitted by the clerk to the Treasurer within 60 days after | ||||||
17 | receipt
for deposit into the Trauma Center Fund. This | ||||||
18 | additional fee of $100 shall not
be considered a part of the | ||||||
19 | fine for purposes of any reduction in the fine for
time served | ||||||
20 | either before or after sentencing. Not later than March 1 of | ||||||
21 | each
year the Circuit Clerk shall submit a report of the amount | ||||||
22 | of funds remitted to
the State Treasurer under this subsection | ||||||
23 | during the preceding calendar year.
| ||||||
24 | (c-1) In addition to any other fines and court costs | ||||||
25 | assessed by the
courts, any person sentenced for a violation of | ||||||
26 | the Cannabis Control Act,
the Illinois Controlled Substances |
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| |||||||
1 | Act, or the Methamphetamine Control and Community Protection | ||||||
2 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
3 | circuit court. This amount, less 2 1/2% that shall be used to
| ||||||
4 | defray administrative costs incurred by the clerk, shall be | ||||||
5 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
6 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||||||
7 | Research Trust Fund. This additional fee of $5
shall not be | ||||||
8 | considered a part of the fine for purposes of any reduction in | ||||||
9 | the
fine for time served either before or after sentencing. Not | ||||||
10 | later than March 1
of each year the Circuit Clerk shall submit | ||||||
11 | a report of the amount of funds
remitted to the State Treasurer | ||||||
12 | under this subsection during the preceding
calendar year.
| ||||||
13 | (d) The following amounts must be remitted to the State | ||||||
14 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
15 | (1) 50% of the amounts collected for felony offenses | ||||||
16 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
17 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
18 | Animals Act and Section 26-5 or 48-1 of the Criminal Code | ||||||
19 | of
1961 or the Criminal Code of 2012;
| ||||||
20 | (2) 20% of the amounts collected for Class A and Class | ||||||
21 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
22 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
23 | for Animals Act and Section 26-5 or 48-1 of the Criminal
| ||||||
24 | Code of 1961 or the Criminal Code of 2012; and
| ||||||
25 | (3) 50% of the amounts collected for Class C | ||||||
26 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care |
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| |||||||
1 | for Animals Act and Section 26-5 or 48-1 of the
Criminal | ||||||
2 | Code of 1961 or the Criminal Code of 2012.
| ||||||
3 | (e) Any person who receives a disposition of court | ||||||
4 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
5 | similar provision of a local ordinance shall, in addition to | ||||||
6 | any other fines, fees, and court costs, pay an additional fee | ||||||
7 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
8 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
9 | person shall also pay a fee of $6, if not waived by the court. | ||||||
10 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
11 | deposited into the Circuit Court Clerk Operation and | ||||||
12 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
13 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
14 | Review Board Vehicle and Equipment Fund in the State treasury.
| ||||||
15 | (f) This Section does not apply to the additional child | ||||||
16 | pornography fines assessed and collected under Section | ||||||
17 | 5-9-1.14 of the Unified Code of Corrections.
| ||||||
18 | (g) (Blank). | ||||||
19 | (h) (Blank). | ||||||
20 | (i)
Of the amounts collected as fines under subsection (b) | ||||||
21 | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||||||
22 | deposited into the Illinois Military Family Relief Fund and 1% | ||||||
23 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
24 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
25 | to be used to offset the costs incurred by the Circuit Court | ||||||
26 | Clerk in performing the additional duties required to collect |
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| |||||||
1 | and disburse funds to entities of State and local government as | ||||||
2 | provided by law.
| ||||||
3 | (j) Any person convicted of, pleading guilty to, or placed | ||||||
4 | on supervision for a serious traffic violation, as defined in | ||||||
5 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
6 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
7 | a similar provision of a local ordinance shall pay an | ||||||
8 | additional fee of $35, to be disbursed as provided in Section | ||||||
9 | 16-104d of that Code. | ||||||
10 | This subsection (j) becomes inoperative 7 years after the | ||||||
11 | effective date of Public Act 95-154. | ||||||
12 | (k) For any conviction or disposition of court supervision | ||||||
13 | for a violation of Section 11-1429 of the Illinois Vehicle | ||||||
14 | Code, the circuit clerk shall distribute the fines paid by the | ||||||
15 | person as specified by subsection (h) of Section 11-1429 of the | ||||||
16 | Illinois Vehicle Code. | ||||||
17 | (l) Any person who receives a disposition of court | ||||||
18 | supervision for a violation of Section 11-501 of the Illinois | ||||||
19 | Vehicle Code or a similar provision of a local ordinance shall, | ||||||
20 | in addition to any other fines, fees, and court costs, pay an | ||||||
21 | additional fee of $50, which shall
be collected by the circuit | ||||||
22 | clerk and then remitted to the State Treasurer for deposit into | ||||||
23 | the Roadside Memorial Fund, a special fund in the State | ||||||
24 | treasury. However, the court may waive the fee if full | ||||||
25 | restitution is complied with. Subject to appropriation, all | ||||||
26 | moneys in the Roadside Memorial Fund shall be used by the |
| |||||||
| |||||||
1 | Department of Transportation to pay fees imposed under | ||||||
2 | subsection (f) of Section 20 of the Roadside Memorial Act. The | ||||||
3 | fee shall be remitted by the circuit clerk within one month | ||||||
4 | after receipt to the State Treasurer for deposit into the | ||||||
5 | Roadside Memorial Fund. | ||||||
6 | (m) Of the amounts collected as fines under subsection (c) | ||||||
7 | of Section 411.4 of the Illinois Controlled Substances Act or | ||||||
8 | subsection (c) of Section 90 of the Methamphetamine Control and | ||||||
9 | Community Protection Act, 99% shall be deposited to the law | ||||||
10 | enforcement agency or fund specified and 1% shall be deposited | ||||||
11 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
12 | to be used to offset the costs incurred by the Circuit Court | ||||||
13 | Clerk in performing the additional duties required to collect | ||||||
14 | and disburse funds to entities of State and local government as | ||||||
15 | provided by law. | ||||||
16 | (n) In addition to any other fines and court costs assessed | ||||||
17 | by the courts, any person who is convicted of or pleads guilty | ||||||
18 | to a violation of the Criminal Code of 1961 or the Criminal | ||||||
19 | Code of 2012, or a similar provision of a local ordinance, or | ||||||
20 | who is convicted of, pleads guilty to, or receives a | ||||||
21 | disposition of court supervision for a violation of the | ||||||
22 | Illinois Vehicle Code, or a similar provision of a local | ||||||
23 | ordinance, shall pay an additional fee of $15 to the clerk of | ||||||
24 | the circuit court. This additional fee of $15 shall not be | ||||||
25 | considered a part of the fine for purposes of any reduction in | ||||||
26 | the fine for time served either before or after sentencing. |
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| |||||||
1 | This amount, less 2.5% that shall be used to defray | ||||||
2 | administrative costs incurred by the clerk, shall be remitted | ||||||
3 | by the clerk to the State Treasurer within 60 days after | ||||||
4 | receipt for deposit into the State Police Merit Board Public | ||||||
5 | Safety Fund. | ||||||
6 | (o) The amounts collected as fines under Sections 10-9, | ||||||
7 | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall | ||||||
8 | be collected by the circuit clerk and distributed as provided | ||||||
9 | under Section 5-9-1.21 of the Unified Code of Corrections in | ||||||
10 | lieu of any disbursement under subsection (a) of this Section. | ||||||
11 | (Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, | ||||||
12 | eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08; | ||||||
13 | 96-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff. | ||||||
14 | 8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175, | ||||||
15 | eff. 9-20-10; 96-1342, eff. 1-1-11; 97-1051, eff. 1-1-13; | ||||||
16 | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.) | ||||||
17 | (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, | ||||||
18 | 96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and | ||||||
19 | 97-1150) | ||||||
20 | Sec. 27.6. (a) All fees, fines, costs, additional | ||||||
21 | penalties, bail balances
assessed or forfeited, and any other | ||||||
22 | amount paid by a person to the circuit
clerk equalling an | ||||||
23 | amount of $55 or more, except the fine imposed by Section | ||||||
24 | 5-9-1.15
of the Unified Code of Corrections, the additional fee | ||||||
25 | required
by subsections (b) and (c), restitution under Section |
| |||||||
| |||||||
1 | 5-5-6 of the
Unified Code of Corrections, contributions to a | ||||||
2 | local anti-crime program ordered pursuant to Section | ||||||
3 | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | ||||||
4 | Corrections, reimbursement for the costs of an emergency
| ||||||
5 | response as provided under Section 11-501 of the Illinois | ||||||
6 | Vehicle Code,
any fees collected for attending a traffic safety | ||||||
7 | program under paragraph (c)
of Supreme Court Rule 529, any fee | ||||||
8 | collected on behalf of a State's Attorney
under Section 4-2002 | ||||||
9 | of the Counties Code or a sheriff under Section 4-5001
of the | ||||||
10 | Counties Code, or any cost imposed under Section 124A-5 of the | ||||||
11 | Code of
Criminal Procedure of 1963, for convictions, orders of | ||||||
12 | supervision, or any
other disposition for a violation of | ||||||
13 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||||||
14 | similar provision of a local ordinance, and any
violation of | ||||||
15 | the Child Passenger Protection Act, or a similar provision of a
| ||||||
16 | local ordinance, and except as otherwise provided in this | ||||||
17 | Section
shall be disbursed
within 60 days after receipt by the | ||||||
18 | circuit
clerk as follows: 44.5% shall be disbursed to the | ||||||
19 | entity authorized by law to
receive the fine imposed in the | ||||||
20 | case; 16.825% shall be disbursed to the State
Treasurer; and | ||||||
21 | 38.675% shall be disbursed to the county's general corporate
| ||||||
22 | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | ||||||
23 | shall be deposited
by the State Treasurer into the Violent | ||||||
24 | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | ||||||
25 | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | ||||||
26 | be deposited into the Drivers Education Fund, and 6.948/17 |
| |||||||
| |||||||
1 | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | ||||||
2 | deposited into the
Trauma Center Fund from the 16.825% | ||||||
3 | disbursed to the State Treasurer, 50% shall
be disbursed to the | ||||||
4 | Department of Public Health and 50% shall be disbursed to
the | ||||||
5 | Department of Healthcare and Family Services. For fiscal year | ||||||
6 | 1993, amounts deposited into
the Violent Crime Victims | ||||||
7 | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | ||||||
8 | Fund, or the Drivers Education Fund shall not exceed 110%
of | ||||||
9 | the amounts deposited into those funds in fiscal year 1991. Any
| ||||||
10 | amount that exceeds the 110% limit shall be distributed as | ||||||
11 | follows: 50%
shall be disbursed to the county's general | ||||||
12 | corporate fund and 50% shall be
disbursed to the entity | ||||||
13 | authorized by law to receive the fine imposed in
the case. Not | ||||||
14 | later than March 1 of each year the circuit clerk
shall submit | ||||||
15 | a report of the amount of funds remitted to the State
Treasurer | ||||||
16 | under this Section during the preceding year based upon
| ||||||
17 | independent verification of fines and fees. All counties shall | ||||||
18 | be subject
to this Section, except that counties with a | ||||||
19 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
20 | subject to this Section. For offenses
subject to this Section, | ||||||
21 | judges shall impose one total sum of money payable
for | ||||||
22 | violations. The circuit clerk may add on no additional amounts | ||||||
23 | except
for amounts that are required by Sections 27.3a and | ||||||
24 | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | ||||||
25 | Code, and subsection (a) of Section 5-1101 of the Counties | ||||||
26 | Code, unless those amounts are specifically waived by the |
| |||||||
| |||||||
1 | judge. With
respect to money collected by the circuit clerk as | ||||||
2 | a result of
forfeiture of bail, ex parte judgment or guilty | ||||||
3 | plea pursuant to Supreme
Court Rule 529, the circuit clerk | ||||||
4 | shall first deduct and pay amounts
required by Sections 27.3a | ||||||
5 | and 27.3c of this Act. Unless a court ordered payment schedule | ||||||
6 | is implemented or fee requirements are waived pursuant to court | ||||||
7 | order, the clerk of the court may add to any unpaid fees and | ||||||
8 | costs a delinquency amount equal to 5% of the unpaid fees that | ||||||
9 | remain unpaid after 30 days, 10% of the unpaid fees that remain | ||||||
10 | unpaid after 60 days, and 15% of the unpaid fees that remain | ||||||
11 | unpaid after 90 days. Notice to those parties may be made by | ||||||
12 | signage posting or publication. The additional delinquency | ||||||
13 | amounts collected under this Section shall be deposited in the | ||||||
14 | Circuit Court Clerk Operation and Administrative Fund to be | ||||||
15 | used to defray administrative costs incurred by the circuit | ||||||
16 | clerk in performing the duties required to collect and disburse | ||||||
17 | funds. This Section is a denial
and limitation of home rule | ||||||
18 | powers and functions under subsection (h) of
Section 6 of | ||||||
19 | Article VII of the Illinois Constitution.
| ||||||
20 | (b) In addition to any other fines and court costs assessed | ||||||
21 | by the courts,
any person convicted or receiving an order of | ||||||
22 | supervision for driving under
the influence of alcohol or drugs | ||||||
23 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
24 | court. This amount, less 2 1/2% that shall be used to
defray | ||||||
25 | administrative costs incurred by the clerk, shall be remitted | ||||||
26 | by the
clerk to the Treasurer within 60 days after receipt for |
| |||||||
| |||||||
1 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
2 | $100 shall not be considered a part of the
fine for purposes of | ||||||
3 | any reduction in the fine for time served either before or
| ||||||
4 | after sentencing. Not later than March 1 of each year the | ||||||
5 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
6 | remitted to the State Treasurer under
this subsection during | ||||||
7 | the preceding calendar year.
| ||||||
8 | (b-1) In addition to any other fines and court costs | ||||||
9 | assessed by the courts,
any person convicted or receiving an | ||||||
10 | order of supervision for driving under the
influence of alcohol | ||||||
11 | or drugs shall pay an additional fee of $5 to the clerk
of the | ||||||
12 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
13 | defray administrative costs incurred by the clerk,
shall be | ||||||
14 | remitted by the clerk to the Treasurer within 60 days after | ||||||
15 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||||||
16 | Research Trust Fund.
This additional fee of $5 shall not
be | ||||||
17 | considered a part of the fine for purposes of any reduction in | ||||||
18 | the fine for
time served either before or after sentencing. Not | ||||||
19 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
20 | a report of the amount of funds remitted to
the State Treasurer | ||||||
21 | under this subsection during the preceding calendar
year.
| ||||||
22 | (c) In addition to any other fines and court costs assessed | ||||||
23 | by the courts,
any person convicted for a violation of Sections | ||||||
24 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | ||||||
25 | Criminal Code of 2012 or a person sentenced for a violation of | ||||||
26 | the Cannabis
Control Act, the Illinois Controlled Substances |
| |||||||
| |||||||
1 | Act, or the Methamphetamine Control and Community Protection | ||||||
2 | Act
shall pay an additional fee of $100 to the clerk
of the | ||||||
3 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
4 | defray administrative costs incurred by the clerk,
shall be | ||||||
5 | remitted by the clerk to the Treasurer within 60 days after | ||||||
6 | receipt
for deposit into the Trauma Center Fund. This | ||||||
7 | additional fee of $100 shall not
be considered a part of the | ||||||
8 | fine for purposes of any reduction in the fine for
time served | ||||||
9 | either before or after sentencing. Not later than March 1 of | ||||||
10 | each
year the Circuit Clerk shall submit a report of the amount | ||||||
11 | of funds remitted to
the State Treasurer under this subsection | ||||||
12 | during the preceding calendar year.
| ||||||
13 | (c-1) In addition to any other fines and court costs | ||||||
14 | assessed by the
courts, any person sentenced for a violation of | ||||||
15 | the Cannabis Control Act,
the Illinois Controlled Substances | ||||||
16 | Act, or the Methamphetamine Control and Community Protection | ||||||
17 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
18 | circuit court. This amount, less 2 1/2% that shall be used to
| ||||||
19 | defray administrative costs incurred by the clerk, shall be | ||||||
20 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
21 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||||||
22 | Research Trust Fund. This additional fee of $5
shall not be | ||||||
23 | considered a part of the fine for purposes of any reduction in | ||||||
24 | the
fine for time served either before or after sentencing. Not | ||||||
25 | later than March 1
of each year the Circuit Clerk shall submit | ||||||
26 | a report of the amount of funds
remitted to the State Treasurer |
| |||||||
| |||||||
1 | under this subsection during the preceding
calendar year.
| ||||||
2 | (d) The following amounts must be remitted to the State | ||||||
3 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
4 | (1) 50% of the amounts collected for felony offenses | ||||||
5 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
6 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
7 | Animals Act and Section 26-5 or 48-1 of the Criminal Code | ||||||
8 | of
1961 or the Criminal Code of 2012;
| ||||||
9 | (2) 20% of the amounts collected for Class A and Class | ||||||
10 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
11 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
12 | for Animals Act and Section 26-5 or 48-1 of the Criminal
| ||||||
13 | Code of 1961 or the Criminal Code of 2012; and
| ||||||
14 | (3) 50% of the amounts collected for Class C | ||||||
15 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||||||
16 | for Animals Act and Section 26-5 or 48-1 of the
Criminal | ||||||
17 | Code of 1961 or the Criminal Code of 2012.
| ||||||
18 | (e) Any person who receives a disposition of court | ||||||
19 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
20 | similar provision of a local ordinance shall, in addition to | ||||||
21 | any other fines, fees, and court costs, pay an additional fee | ||||||
22 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
23 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
24 | person shall also pay a fee of $6, if not waived by the court. | ||||||
25 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
26 | deposited into the Circuit Court Clerk Operation and |
| |||||||
| |||||||
1 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
2 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
3 | Review Board Vehicle and Equipment Fund in the State treasury.
| ||||||
4 | (f) This Section does not apply to the additional child | ||||||
5 | pornography fines assessed and collected under Section | ||||||
6 | 5-9-1.14 of the Unified Code of Corrections.
| ||||||
7 | (g) Any person convicted of or pleading guilty to a serious | ||||||
8 | traffic violation, as defined in Section 1-187.001 of the | ||||||
9 | Illinois Vehicle Code, shall pay an additional fee of $35, to | ||||||
10 | be disbursed as provided in Section 16-104d of that Code. This | ||||||
11 | subsection (g) becomes inoperative 7 years after the effective | ||||||
12 | date of Public Act 95-154. | ||||||
13 | (h) In all counties having a population of 3,000,000 or | ||||||
14 | more inhabitants, | ||||||
15 | (1) A person who is found guilty of or pleads guilty to | ||||||
16 | violating subsection (a) of Section 11-501 of the Illinois | ||||||
17 | Vehicle Code, including any person placed on court | ||||||
18 | supervision for violating subsection (a), shall be fined | ||||||
19 | $750 as provided for by subsection (f) of Section 11-501.01 | ||||||
20 | of the Illinois Vehicle Code, payable to the circuit clerk, | ||||||
21 | who shall distribute the money pursuant to subsection (f) | ||||||
22 | of Section 11-501.01 of the Illinois Vehicle Code. | ||||||
23 | (2) When a crime laboratory DUI analysis fee of $150, | ||||||
24 | provided for by Section 5-9-1.9 of the Unified Code of | ||||||
25 | Corrections is assessed, it shall be disbursed by the | ||||||
26 | circuit clerk as provided by subsection (f) of Section |
| |||||||
| |||||||
1 | 5-9-1.9 of the Unified Code of Corrections. | ||||||
2 | (3) When a fine for a violation of Section 11-605.1 of | ||||||
3 | the Illinois Vehicle Code is $250 or greater, the person | ||||||
4 | who violated that Section shall be charged an additional | ||||||
5 | $125 as provided for by subsection (e) of Section 11-605.1 | ||||||
6 | of the Illinois Vehicle Code, which shall be disbursed by | ||||||
7 | the circuit clerk to a State or county Transportation | ||||||
8 | Safety Highway Hire-back Fund as provided by subsection (e) | ||||||
9 | of Section 11-605.1 of the Illinois Vehicle Code. | ||||||
10 | (4) When a fine for a violation of subsection (a) of | ||||||
11 | Section 11-605 of the Illinois Vehicle Code is $150 or | ||||||
12 | greater, the additional $50 which is charged as provided | ||||||
13 | for by subsection (f) of Section 11-605 of the Illinois | ||||||
14 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
15 | school district or districts for school safety purposes as | ||||||
16 | provided by subsection (f) of Section 11-605. | ||||||
17 | (5) When a fine for a violation of subsection (a) of | ||||||
18 | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | ||||||
19 | greater, the additional $50 which is charged as provided | ||||||
20 | for by subsection (c) of Section 11-1002.5 of the Illinois | ||||||
21 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
22 | school district or districts for school safety purposes as | ||||||
23 | provided by subsection (c) of Section 11-1002.5 of the | ||||||
24 | Illinois Vehicle Code. | ||||||
25 | (6) When a mandatory drug court fee of up to $5 is | ||||||
26 | assessed as provided in subsection (f) of Section 5-1101 of |
| |||||||
| |||||||
1 | the Counties Code, it shall be disbursed by the circuit | ||||||
2 | clerk as provided in subsection (f) of Section 5-1101 of | ||||||
3 | the Counties Code. | ||||||
4 | (7) When a mandatory teen court, peer jury, youth | ||||||
5 | court, or other youth diversion program fee is assessed as | ||||||
6 | provided in subsection (e) of Section 5-1101 of the | ||||||
7 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
8 | as provided in subsection (e) of Section 5-1101 of the | ||||||
9 | Counties Code. | ||||||
10 | (8) When a Children's Advocacy Center fee is assessed | ||||||
11 | pursuant to subsection (f-5) of Section 5-1101 of the | ||||||
12 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
13 | as provided in subsection (f-5) of Section 5-1101 of the | ||||||
14 | Counties Code. | ||||||
15 | (9) When a victim impact panel fee is assessed pursuant | ||||||
16 | to subsection (b) of Section 11-501.01 of the Vehicle Code, | ||||||
17 | it shall be disbursed by the circuit clerk to the victim | ||||||
18 | impact panel to be attended by the defendant. | ||||||
19 | (10) When a new fee collected in traffic cases is | ||||||
20 | enacted after the effective date of this subsection (h), it | ||||||
21 | shall be excluded from the percentage disbursement | ||||||
22 | provisions of this Section unless otherwise indicated by | ||||||
23 | law. | ||||||
24 | (i)
Of the amounts collected as fines under subsection (b) | ||||||
25 | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||||||
26 | deposited into the Illinois Military Family Relief Fund and 1% |
| |||||||
| |||||||
1 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
2 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
3 | to be used to offset the costs incurred by the Circuit Court | ||||||
4 | Clerk in performing the additional duties required to collect | ||||||
5 | and disburse funds to entities of State and local government as | ||||||
6 | provided by law.
| ||||||
7 | (j) (Blank). | ||||||
8 | (k) For any conviction or disposition of court supervision | ||||||
9 | for a violation of Section 11-1429 of the Illinois Vehicle | ||||||
10 | Code, the circuit clerk shall distribute the fines paid by the | ||||||
11 | person as specified by subsection (h) of Section 11-1429 of the | ||||||
12 | Illinois Vehicle Code. | ||||||
13 | (l) Any person who receives a disposition of court | ||||||
14 | supervision for a violation of Section 11-501 of the Illinois | ||||||
15 | Vehicle Code or a similar provision of a local ordinance shall, | ||||||
16 | in addition to any other fines, fees, and court costs, pay an | ||||||
17 | additional fee of $50, which shall
be collected by the circuit | ||||||
18 | clerk and then remitted to the State Treasurer for deposit into | ||||||
19 | the Roadside Memorial Fund, a special fund in the State | ||||||
20 | treasury. However, the court may waive the fee if full | ||||||
21 | restitution is complied with. Subject to appropriation, all | ||||||
22 | moneys in the Roadside Memorial Fund shall be used by the | ||||||
23 | Department of Transportation to pay fees imposed under | ||||||
24 | subsection (f) of Section 20 of the Roadside Memorial Act. The | ||||||
25 | fee shall be remitted by the circuit clerk within one month | ||||||
26 | after receipt to the State Treasurer for deposit into the |
| |||||||
| |||||||
1 | Roadside Memorial Fund. | ||||||
2 | (m) Of the amounts collected as fines under subsection (c) | ||||||
3 | of Section 411.4 of the Illinois Controlled Substances Act or | ||||||
4 | subsection (c) of Section 90 of the Methamphetamine Control and | ||||||
5 | Community Protection Act, 99% shall be deposited to the law | ||||||
6 | enforcement agency or fund specified and 1% shall be deposited | ||||||
7 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
8 | to be used to offset the costs incurred by the Circuit Court | ||||||
9 | Clerk in performing the additional duties required to collect | ||||||
10 | and disburse funds to entities of State and local government as | ||||||
11 | provided by law. | ||||||
12 | (n) In addition to any other fines and court costs assessed | ||||||
13 | by the courts, any person who is convicted of or pleads guilty | ||||||
14 | to a violation of the Criminal Code of 1961 or the Criminal | ||||||
15 | Code of 2012, or a similar provision of a local ordinance, or | ||||||
16 | who is convicted of, pleads guilty to, or receives a | ||||||
17 | disposition of court supervision for a violation of the | ||||||
18 | Illinois Vehicle Code, or a similar provision of a local | ||||||
19 | ordinance, shall pay an additional fee of $15 to the clerk of | ||||||
20 | the circuit court. This additional fee of $15 shall not be | ||||||
21 | considered a part of the fine for purposes of any reduction in | ||||||
22 | the fine for time served either before or after sentencing. | ||||||
23 | This amount, less 2.5% that shall be used to defray | ||||||
24 | administrative costs incurred by the clerk, shall be remitted | ||||||
25 | by the clerk to the State Treasurer within 60 days after | ||||||
26 | receipt for deposit into the State Police Merit Board Public |
| |||||||
| |||||||
1 | Safety Fund. | ||||||
2 | (o) The amounts collected as fines under Sections 10-9, | ||||||
3 | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall | ||||||
4 | be collected by the circuit clerk and distributed as provided | ||||||
5 | under Section 5-9-1.21 of the Unified Code of Corrections in | ||||||
6 | lieu of any disbursement under subsection (a) of this Section. | ||||||
7 | (Source: P.A. 96-576, eff. 8-18-09; 96-578, eff. 8-18-09; | ||||||
8 | 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; | ||||||
9 | 96-1175, eff. 9-20-10; 96-1342, eff. 1-1-11; 97-434, eff. | ||||||
10 | 1-1-12; 97-1051, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1150, | ||||||
11 | eff. 1-25-13.) | ||||||
12 | Section 15. The Criminal Code of 2012 is amended by | ||||||
13 | changing Sections 10-9, 11-14.1, 11-14.3, 11-18, and 36.5-5 as | ||||||
14 | follows: | ||||||
15 | (720 ILCS 5/10-9) | ||||||
16 | Sec. 10-9. Trafficking in persons, involuntary servitude, | ||||||
17 | and related offenses. | ||||||
18 | (a) Definitions. In this Section: | ||||||
19 | (1) "Intimidation" has the meaning prescribed in | ||||||
20 | Section 12-6. | ||||||
21 | (2) "Commercial sexual activity" means any sex act on | ||||||
22 | account of which anything of value is given, promised to, | ||||||
23 | or received by any person.
| ||||||
24 | (3) "Financial harm" includes intimidation that brings |
| |||||||
| |||||||
1 | about financial loss, criminal usury, or employment | ||||||
2 | contracts that violate the Frauds Act. | ||||||
3 | (4) (Blank). " | ||||||
4 | (5) "Labor" means work of economic or financial value. | ||||||
5 | (6) "Maintain" means, in relation to labor or services, | ||||||
6 | to secure continued performance thereof, regardless of any | ||||||
7 | initial agreement on the part of the victim to perform that | ||||||
8 | type of service. | ||||||
9 | (7) "Obtain" means, in relation to labor or services, | ||||||
10 | to secure performance thereof. | ||||||
11 | (7.5) "Serious harm" means any harm, whether physical | ||||||
12 | or nonphysical, including psychological, financial, or | ||||||
13 | reputational harm, that is sufficiently serious, under all | ||||||
14 | the surrounding circumstances, to compel a reasonable | ||||||
15 | person of the same background and in the same circumstances | ||||||
16 | to perform or to continue performing labor or services in | ||||||
17 | order to avoid incurring that harm. | ||||||
18 | (8) "Services" means activities resulting from a | ||||||
19 | relationship between a person and the actor in which the | ||||||
20 | person performs activities under the supervision of or for | ||||||
21 | the benefit of the actor. Commercial sexual activity and | ||||||
22 | sexually-explicit performances are forms of activities | ||||||
23 | that are "services" under this Section. Nothing in this | ||||||
24 | definition may be construed to legitimize or legalize | ||||||
25 | prostitution. | ||||||
26 | (9) "Sexually-explicit performance" means a live, |
| |||||||
| |||||||
1 | recorded, broadcast (including over the Internet), or | ||||||
2 | public act or show intended to arouse or satisfy the sexual | ||||||
3 | desires or appeal to the prurient interests of patrons. | ||||||
4 | (10) "Trafficking victim" means a person subjected to | ||||||
5 | the practices set forth in subsection (b), (c), or (d). | ||||||
6 | (b) Involuntary servitude. A person commits involuntary | ||||||
7 | servitude when he or she knowingly subjects, attempts to | ||||||
8 | subject, or engages in a conspiracy to subject another person | ||||||
9 | to labor or services obtained or maintained through any of the | ||||||
10 | following means, or any combination of these means: | ||||||
11 | (1) causes or threatens to cause physical harm to any | ||||||
12 | person; | ||||||
13 | (2) physically restrains or threatens to physically | ||||||
14 | restrain another person; | ||||||
15 | (3) abuses or threatens to abuse the law or legal | ||||||
16 | process; | ||||||
17 | (4) knowingly destroys, conceals, removes, | ||||||
18 | confiscates, or possesses any actual or purported passport | ||||||
19 | or other immigration document, or any other actual or | ||||||
20 | purported government identification document, of another | ||||||
21 | person; | ||||||
22 | (5) uses intimidation, or exerts financial control | ||||||
23 | over any person; or | ||||||
24 | (6) uses any scheme, plan, or pattern intended to cause | ||||||
25 | the person to believe that, if the person did not perform | ||||||
26 | the labor or services, that person or another person would |
| |||||||
| |||||||
1 | suffer serious harm or physical restraint. | ||||||
2 | Sentence. Except as otherwise provided in subsection (e) or | ||||||
3 | (f), a violation of subsection (b)(1) is a Class X felony, | ||||||
4 | (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) | ||||||
5 | is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. | ||||||
6 | (c) Involuntary sexual servitude of a minor. A person | ||||||
7 | commits involuntary sexual servitude of a minor when he or she | ||||||
8 | knowingly recruits, entices, harbors, transports, provides, or | ||||||
9 | obtains by any means, or attempts to recruit, entice, harbor, | ||||||
10 | provide, or obtain by any means, another person under 18 years | ||||||
11 | of age, knowing that the minor will engage in commercial sexual | ||||||
12 | activity, a sexually-explicit performance, or the production | ||||||
13 | of pornography, or causes or attempts to cause a minor to | ||||||
14 | engage in one or more of those activities and: | ||||||
15 | (1) there is no overt force or threat and the minor is | ||||||
16 | between the ages of 17 and 18 years; | ||||||
17 | (2) there is no overt force or threat and the minor is | ||||||
18 | under the age of 17 years; or | ||||||
19 | (3) there is overt force or threat. | ||||||
20 | Sentence. Except as otherwise provided in subsection (e) or | ||||||
21 | (f), a violation of subsection (c)(1) is a Class 1 felony, | ||||||
22 | (c)(2) is a Class X felony, and (c)(3) is a Class X felony. | ||||||
23 | (d) Trafficking in persons. A person commits trafficking in | ||||||
24 | persons when he or she knowingly: (1) recruits, entices, | ||||||
25 | harbors, transports, provides, or obtains by any means, or | ||||||
26 | attempts to recruit, entice, harbor, transport, provide, or |
| |||||||
| |||||||
1 | obtain by any means, another person, intending or knowing that | ||||||
2 | the person will be subjected to involuntary servitude; or (2) | ||||||
3 | benefits, financially or by receiving anything of value, from | ||||||
4 | participation in a venture that has engaged in an act of | ||||||
5 | involuntary servitude or involuntary sexual servitude of a | ||||||
6 | minor. | ||||||
7 | Sentence. Except as otherwise provided in subsection (e) or | ||||||
8 | (f), a violation of this subsection is a Class 1 felony. | ||||||
9 | (e) Aggravating factors. A violation of this Section | ||||||
10 | involving kidnapping or an attempt to kidnap, aggravated | ||||||
11 | criminal sexual assault or an attempt to commit aggravated | ||||||
12 | criminal sexual assault, or an attempt to commit first degree | ||||||
13 | murder is a Class X felony. | ||||||
14 | (f) Sentencing considerations. | ||||||
15 | (1) Bodily injury. If, pursuant to a violation of this | ||||||
16 | Section, a victim
suffered bodily injury, the defendant may | ||||||
17 | be sentenced to an extended-term sentence under Section | ||||||
18 | 5-8-2 of the Unified Code of Corrections. The sentencing | ||||||
19 | court must take into account the time in which the victim | ||||||
20 | was held in servitude, with increased penalties for cases | ||||||
21 | in which the victim was held for between 180 days and one | ||||||
22 | year, and increased penalties for cases in which the victim | ||||||
23 | was held for more than one year. | ||||||
24 | (2) Number of victims. In determining sentences within | ||||||
25 | statutory maximums, the sentencing court should take into | ||||||
26 | account the number of victims, and may provide for |
| |||||||
| |||||||
1 | substantially increased sentences in cases involving more | ||||||
2 | than 10 victims. | ||||||
3 | (g) Restitution. Restitution is mandatory under this | ||||||
4 | Section. In addition to any other amount of loss identified, | ||||||
5 | the court shall order restitution including the greater of (1) | ||||||
6 | the gross income or value to the defendant of the victim's | ||||||
7 | labor or services or (2) the value of the victim's labor as | ||||||
8 | guaranteed under the Minimum Wage Law and overtime provisions | ||||||
9 | of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, | ||||||
10 | whichever is greater. | ||||||
11 | (g-5) Fine distribution. If the court imposes a fine under | ||||||
12 | subsection (b), (c), or (d) of this Section, it shall be | ||||||
13 | collected and distributed to the Specialized Services for | ||||||
14 | Survivors of Human Trafficking Fund in accordance with Section | ||||||
15 | 5-9-1.21 of the Unified Code of Corrections. | ||||||
16 | (h) Trafficking victim services. Subject to the | ||||||
17 | availability of funds, the Department of Human Services may | ||||||
18 | provide or fund emergency services and assistance to | ||||||
19 | individuals who are victims of one or more offenses defined in | ||||||
20 | this Section.
| ||||||
21 | (i) Certification. The Attorney General, a State's | ||||||
22 | Attorney, or any law enforcement official shall certify in | ||||||
23 | writing to the United States Department of Justice or other | ||||||
24 | federal agency, such as the United States Department of | ||||||
25 | Homeland Security, that an investigation or prosecution under | ||||||
26 | this Section has begun and the individual who is a likely |
| |||||||
| |||||||
1 | victim of a crime described in this Section is willing to | ||||||
2 | cooperate or is cooperating with the investigation to enable | ||||||
3 | the individual, if eligible under federal law, to qualify for | ||||||
4 | an appropriate special immigrant visa and to access available | ||||||
5 | federal benefits. Cooperation with law enforcement shall not be | ||||||
6 | required of victims of a crime described in this Section who | ||||||
7 | are under 18 years of age. This certification shall be made | ||||||
8 | available to the victim and his or her designated legal | ||||||
9 | representative. | ||||||
10 | (j) A person who commits involuntary servitude, | ||||||
11 | involuntary sexual servitude of a minor, or trafficking in | ||||||
12 | persons under subsection (b), (c), or (d) of this Section is | ||||||
13 | subject to the property forfeiture provisions set forth in | ||||||
14 | Article 124B of the Code of Criminal Procedure of 1963.
| ||||||
15 | (Source: P.A. 96-710, eff. 1-1-10; incorporates 96-712, eff. | ||||||
16 | 1-1-10; 96-1000, eff. 7-2-10; 97-897, eff. 1-1-13; revised | ||||||
17 | 11-12-13.) | ||||||
18 | (720 ILCS 5/11-14.1) | ||||||
19 | Sec. 11-14.1. Solicitation of a sexual act. | ||||||
20 | (a) Any person who offers a person not his or her spouse | ||||||
21 | any money,
property, token, object, or article or anything of | ||||||
22 | value for that person or any other person not his or her spouse | ||||||
23 | to
perform any act of sexual penetration as defined in Section | ||||||
24 | 11-0.1 of this Code,
or any touching or fondling of the sex | ||||||
25 | organs of one person by another person
for the purpose of |
| |||||||
| |||||||
1 | sexual arousal or gratification, commits solicitation of a | ||||||
2 | sexual act. | ||||||
3 | (b) Sentence. Solicitation of a sexual act is a Class A | ||||||
4 | misdemeanor. Solicitation of a sexual act from a person who is | ||||||
5 | under the age of 18 or who is severely or profoundly | ||||||
6 | intellectually disabled is a Class 4 felony. If the court | ||||||
7 | imposes a fine under this subsection (b), it shall be collected | ||||||
8 | and distributed to the Specialized Services for Survivors of | ||||||
9 | Human Trafficking Fund in accordance with Section 5-9-1.21 of | ||||||
10 | the Unified Code of Corrections. | ||||||
11 | (b-5) It is an affirmative defense to a charge of | ||||||
12 | solicitation of a sexual act with a person who is under the age | ||||||
13 | of 18 or who is severely or profoundly intellectually disabled | ||||||
14 | that the accused reasonably believed the person was of the age | ||||||
15 | of 18 years or over or was not a severely or profoundly | ||||||
16 | intellectually disabled person at the time of the act giving | ||||||
17 | rise to the charge. | ||||||
18 | (c) This Section does not apply to a person engaged in | ||||||
19 | prostitution who is under 18 years of age. | ||||||
20 | (d) A person cannot be convicted under this Section if the | ||||||
21 | practice of prostitution underlying the offense consists | ||||||
22 | exclusively of the accused's own acts of prostitution under | ||||||
23 | Section 11-14 of this Code. | ||||||
24 | (Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11; | ||||||
25 | 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13.) |
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1 | (720 ILCS 5/11-14.3) | ||||||
2 | Sec. 11-14.3. Promoting prostitution. | ||||||
3 | (a) Any person who knowingly performs any of the following | ||||||
4 | acts commits promoting prostitution: | ||||||
5 | (1) advances prostitution as defined in Section | ||||||
6 | 11-0.1; | ||||||
7 | (2) profits from prostitution by: | ||||||
8 | (A) compelling a person to become a prostitute; | ||||||
9 | (B) arranging or offering to arrange a situation in | ||||||
10 | which a person may practice prostitution; or | ||||||
11 | (C) any means other than those described in | ||||||
12 | subparagraph (A) or (B), including from a person who | ||||||
13 | patronizes a prostitute. This paragraph (C) does not | ||||||
14 | apply to a person engaged in
prostitution who is under | ||||||
15 | 18 years of age. A person cannot be
convicted of | ||||||
16 | promoting prostitution under this paragraph (C) if the | ||||||
17 | practice of
prostitution underlying the offense | ||||||
18 | consists exclusively of
the accused's own acts of | ||||||
19 | prostitution under Section 11-14 of this Code. | ||||||
20 | (b) Sentence. | ||||||
21 | (1) A violation of subdivision (a)(1) is a Class 4 | ||||||
22 | felony, unless committed within 1,000 feet of real property | ||||||
23 | comprising a school, in which case it is a Class 3 felony. | ||||||
24 | A second or subsequent violation of subdivision (a)(1), or | ||||||
25 | any combination of convictions under subdivision (a)(1), | ||||||
26 | (a)(2)(A), or (a)(2)(B) and Section 11-14 (prostitution), |
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1 | 11-14.1 (solicitation of a sexual act), 11-14.4 (promoting | ||||||
2 | juvenile prostitution), 11-15 (soliciting for a | ||||||
3 | prostitute), 11-15.1 (soliciting for a juvenile | ||||||
4 | prostitute), 11-16 (pandering), 11-17 (keeping a place of | ||||||
5 | prostitution), 11-17.1 (keeping a place of juvenile | ||||||
6 | prostitution), 11-18 (patronizing a prostitute), 11-18.1 | ||||||
7 | (patronizing a juvenile prostitute), 11-19 (pimping), | ||||||
8 | 11-19.1 (juvenile pimping or aggravated juvenile pimping), | ||||||
9 | or 11-19.2 (exploitation of a child), is a Class 3 felony. | ||||||
10 | (2) A violation of subdivision (a)(2)(A) or (a)(2)(B) | ||||||
11 | is a Class 4 felony, unless committed within 1,000 feet of | ||||||
12 | real property comprising a school, in which case it is a | ||||||
13 | Class 3 felony. | ||||||
14 | (3) A violation of subdivision (a)(2)(C) is a Class 4 | ||||||
15 | felony, unless committed within 1,000 feet of real property | ||||||
16 | comprising a school, in which case it is a Class 3 felony. | ||||||
17 | A second or subsequent violation of subdivision (a)(2)(C), | ||||||
18 | or any combination of convictions under subdivision | ||||||
19 | (a)(2)(C) and subdivision (a)(1), (a)(2)(A), or (a)(2)(B) | ||||||
20 | of this Section (promoting prostitution), 11-14 | ||||||
21 | (prostitution), 11-14.1 (solicitation of a sexual act), | ||||||
22 | 11-14.4 (promoting juvenile prostitution), 11-15 | ||||||
23 | (soliciting for a prostitute), 11-15.1 (soliciting for a | ||||||
24 | juvenile prostitute), 11-16 (pandering), 11-17 (keeping a | ||||||
25 | place of prostitution), 11-17.1 (keeping a place of | ||||||
26 | juvenile prostitution), 11-18 (patronizing a prostitute), |
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1 | 11-18.1 (patronizing a juvenile prostitute), 11-19 | ||||||
2 | (pimping), 11-19.1 (juvenile pimping or aggravated | ||||||
3 | juvenile pimping), or 11-19.2 (exploitation of a child), is | ||||||
4 | a Class 3 felony.
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5 | If the court imposes a fine under this subsection (b), it | ||||||
6 | shall be collected and distributed to the Specialized Services | ||||||
7 | for Survivors of Human Trafficking Fund in accordance with | ||||||
8 | Section 5-9-1.21 of the Unified Code of Corrections. | ||||||
9 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
10 | (720 ILCS 5/11-18) (from Ch. 38, par. 11-18) | ||||||
11 | Sec. 11-18. Patronizing a prostitute. | ||||||
12 | (a) Any person who knowingly performs any of the following | ||||||
13 | acts with a person
not his or her spouse commits patronizing a | ||||||
14 | prostitute: | ||||||
15 | (1) Engages in an act of sexual penetration as defined | ||||||
16 | in Section 11-0.1
of this Code with a prostitute; or | ||||||
17 | (2) Enters or remains in a place of prostitution with | ||||||
18 | intent to
engage in an act of sexual penetration as defined | ||||||
19 | in Section 11-0.1 of
this Code; or | ||||||
20 | (3) Engages in any touching or fondling with a | ||||||
21 | prostitute of the sex organs of one person by the other | ||||||
22 | person, with the intent to achieve sexual arousal or | ||||||
23 | gratification. | ||||||
24 | (b) Sentence. | ||||||
25 | Patronizing a prostitute is a Class 4 felony, unless |
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1 | committed within 1,000 feet of real property comprising a | ||||||
2 | school, in which case it is a Class 3 felony.
A person
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3 | convicted of a second or subsequent violation of this Section, | ||||||
4 | or
of any
combination of such number of convictions under this | ||||||
5 | Section and Sections
11-14 (prostitution), 11-14.1 | ||||||
6 | (solicitation of a sexual act), 11-14.3 (promoting | ||||||
7 | prostitution), 11-14.4 (promoting juvenile prostitution), | ||||||
8 | 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a | ||||||
9 | juvenile prostitute), 11-16 (pandering), 11-17 (keeping a | ||||||
10 | place of prostitution), 11-17.1 (keeping a place of juvenile | ||||||
11 | prostitution), 11-18.1 (patronizing a juvenile prostitute), | ||||||
12 | 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated | ||||||
13 | juvenile pimping), or 11-19.2 (exploitation of a child) of this | ||||||
14 | Code, is guilty of a Class 3
felony. If the court imposes a | ||||||
15 | fine under this subsection (b), it shall be collected and | ||||||
16 | distributed to the Specialized Services for Survivors of Human | ||||||
17 | Trafficking Fund in accordance with Section 5-9-1.21 of the | ||||||
18 | Unified Code of Corrections. | ||||||
19 | (c) (Blank). | ||||||
20 | (Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11 .) | ||||||
21 | (720 ILCS 5/36.5-5) | ||||||
22 | Sec. 36.5-5. Vehicle impoundment. | ||||||
23 | (a) In addition to any other penalty, fee or forfeiture | ||||||
24 | provided by law, a peace officer who arrests a person for a | ||||||
25 | violation of Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4, |
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1 | 11-18, or 11-18.1 of this Code or related municipal ordinance, | ||||||
2 | may tow and impound any vehicle used by the person in the | ||||||
3 | commission of the violation. The person arrested for one or | ||||||
4 | more such violations shall be charged a $1,000 fee, to be paid | ||||||
5 | to the law enforcement agency that made the arrest or its | ||||||
6 | designated representative. The person may recover the vehicle | ||||||
7 | from the impound after a minimum of 2 hours after arrest upon | ||||||
8 | payment of the fee. | ||||||
9 | (b) $500 of the fee shall be distributed to the law | ||||||
10 | enforcement agency whose peace officers made the arrest, for | ||||||
11 | the costs incurred by the law enforcement agency to investigate | ||||||
12 | and to tow and impound the vehicle. Upon the defendant's | ||||||
13 | conviction of one or more of the violations in connection with | ||||||
14 | which the vehicle was impounded and the fee imposed under this | ||||||
15 | Section, the remaining $500 of the fee shall be deposited into | ||||||
16 | the Specialized Services for Survivors of Human Trafficking | ||||||
17 | Fund and disbursed in accordance with subsections (d), (e), and | ||||||
18 | (f) of Section 5-9-1.21 of the Unified Code of Corrections. DHS | ||||||
19 | State Projects Fund and shall be used by the Department of | ||||||
20 | Human Services to make grants to non-governmental | ||||||
21 | organizations to provide services for persons encountered | ||||||
22 | during the course of an investigation into any violation of | ||||||
23 | Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, | ||||||
24 | 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, | ||||||
25 | 11-19.1, or 11-19.2 of this Code, provided such persons | ||||||
26 | constitute prostituted persons or other victims of human |
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1 | trafficking. | ||||||
2 | (c) Upon the presentation by the defendant of a signed | ||||||
3 | court order showing that the defendant has been acquitted of | ||||||
4 | all of the violations in connection with which a vehicle was | ||||||
5 | impounded and a fee imposed under this Section, or that the | ||||||
6 | charges against the defendant for those violations have been | ||||||
7 | dismissed, the law enforcement agency shall refund the $1,000 | ||||||
8 | fee to the defendant.
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9 | (Source: P.A. 96-1551, eff. 7-1-11; incorporates 96-1503, eff. | ||||||
10 | 1-27-11, and 97-333, eff. 8-12-11; 97-897, eff. 1-1-13; | ||||||
11 | 97-1109, eff. 1-1-13; 98-463, eff. 8-16-13.) | ||||||
12 | Section 20. The Code of Criminal Procedure of 1963 is | ||||||
13 | amended by changing Sections 124B-300, 124B-305, and 124B-500 | ||||||
14 | as follows: | ||||||
15 | (725 ILCS 5/124B-300)
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16 | Sec. 124B-300. Persons and property subject to forfeiture. | ||||||
17 | A person who commits the offense of involuntary servitude, | ||||||
18 | involuntary servitude of a minor, or trafficking of persons for | ||||||
19 | forced labor or services under Section 10A-10 or Section 10-9 | ||||||
20 | of the Criminal Code of 1961 or the Criminal Code of 2012 , | ||||||
21 | promoting juvenile prostitution, keeping a place of juvenile | ||||||
22 | prostitution, or promoting prostitution that involves keeping | ||||||
23 | a place of prostitution under subsection (a)(1) or (a)(4) of | ||||||
24 | Section 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2 |
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1 | of the Criminal Code of 1961 or of the Criminal Code of 2012 | ||||||
2 | shall forfeit to the State of Illinois any profits or proceeds | ||||||
3 | and any property he or she has acquired or maintained in | ||||||
4 | violation of Section 10A-10 or Section 10-9 of the Criminal | ||||||
5 | Code of 1961 or the Criminal Code of 2012 , promoting juvenile | ||||||
6 | prostitution, keeping a place of juvenile prostitution, or | ||||||
7 | promoting prostitution that involves keeping a place of | ||||||
8 | prostitution under subsection (a)(1) or (a)(4) of Section | ||||||
9 | 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2 of the | ||||||
10 | Criminal Code of 1961 or of the Criminal Code of 2012 that the | ||||||
11 | sentencing court determines, after a forfeiture hearing under | ||||||
12 | this Article, to have been acquired or maintained as a result | ||||||
13 | of maintaining a person in involuntary servitude or | ||||||
14 | participating in trafficking of persons for forced labor or | ||||||
15 | services .
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16 | (Source: P.A. 96-712, eff. 1-1-10; 97-1150, eff. 1-25-13.) | ||||||
17 | (725 ILCS 5/124B-305)
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18 | Sec. 124B-305. Distribution of property and sale proceeds. | ||||||
19 | All moneys and the sale proceeds of all other property | ||||||
20 | forfeited and seized under this Part 300 shall be distributed | ||||||
21 | as follows: | ||||||
22 | (1) 45% 50% shall be divided equally between all State | ||||||
23 | agencies and units of local government whose officers or | ||||||
24 | employees conducted the investigation or initiated the | ||||||
25 | hearing that resulted in the forfeiture. |
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1 | (2) 50% shall be deposited into the Specialized | ||||||
2 | Services for Survivors of Human Trafficking Fund and | ||||||
3 | disbursed in accordance with subsections (d), (e), and (f) | ||||||
4 | of Section 5-9-1.21 of the Unified Code of Corrections DHS | ||||||
5 | State Projects Fund and targeted to services for victims of | ||||||
6 | the offenses of involuntary servitude, involuntary sexual | ||||||
7 | servitude of a minor, and trafficking in
persons .
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8 | (3) 5% shall be paid to the Office of the State's | ||||||
9 | Attorneys Appellate Prosecutor to train State's Attorneys | ||||||
10 | on forfeiture proceedings and topics related to human | ||||||
11 | trafficking. | ||||||
12 | (Source: P.A. 96-712, eff. 1-1-10; 97-897, eff. 1-1-13.) | ||||||
13 | (725 ILCS 5/124B-500) | ||||||
14 | Sec. 124B-500. Persons and property subject to forfeiture. | ||||||
15 | A person who commits the offense of promoting juvenile | ||||||
16 | prostitution, keeping a place of juvenile prostitution, | ||||||
17 | exploitation of a child, child pornography , or aggravated child | ||||||
18 | pornography under subdivision (a)(1) or (a)(4) of Section | ||||||
19 | 11-14.4 or under Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B, | ||||||
20 | or 11-20.3 of the Criminal Code of 1961 or the Criminal Code of | ||||||
21 | 2012 shall forfeit the following property to the State
of | ||||||
22 | Illinois: | ||||||
23 | (1) Any profits or proceeds and any property the person | ||||||
24 | has acquired or maintained in violation of subdivision | ||||||
25 | (a)(1) or (a)(4) of Section 11-14.4 or in violation of |
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1 | Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B, or 11-20.3 of | ||||||
2 | the Criminal Code of 1961 or the Criminal Code of 2012 that | ||||||
3 | the sentencing court determines, after a forfeiture | ||||||
4 | hearing under this Article, to have been acquired or | ||||||
5 | maintained as a result of keeping a place of juvenile | ||||||
6 | prostitution, exploitation of a child, child pornography , | ||||||
7 | or aggravated child pornography. | ||||||
8 | (2) Any interest in, securities of, claim against, or | ||||||
9 | property or contractual right of any kind affording a | ||||||
10 | source of influence over any enterprise that the person has | ||||||
11 | established, operated, controlled, or conducted in | ||||||
12 | violation of subdivision (a)(1) or (a)(4) of Section | ||||||
13 | 11-14.4 or in violation of Section 11-17.1, 11-19.2, | ||||||
14 | 11-20.1, 11-20.1B, or 11-20.3 of the Criminal Code of 1961 | ||||||
15 | or the Criminal Code of 2012 that the sentencing court | ||||||
16 | determines, after a forfeiture hearing under this Article, | ||||||
17 | to have been acquired or maintained as a result of keeping | ||||||
18 | a place of juvenile prostitution, exploitation of a child, | ||||||
19 | child pornography , or aggravated child pornography. | ||||||
20 | (3) Any computer that contains a depiction of child | ||||||
21 | pornography in any encoded or decoded format in violation | ||||||
22 | of Section 11-20.1, 11-20.1B, or 11-20.3 of the Criminal | ||||||
23 | Code of 1961 or the Criminal Code of 2012. For purposes of | ||||||
24 | this paragraph (3), "computer" has the meaning ascribed to | ||||||
25 | it in Section 17-0.5 of the Criminal Code of 2012.
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26 | (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11; |
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1 | 97-1150, eff. 1-25-13.) | ||||||
2 | Section 25. The Unified Code of Corrections is amended by | ||||||
3 | adding Section 5-9-1.21 as follows: | ||||||
4 | (730 ILCS 5/5-9-1.21 new) | ||||||
5 | Sec. 5-9-1.21. Specialized Services for Survivors of Human | ||||||
6 | Trafficking Fund. | ||||||
7 | (a) There is created in the State treasury a Specialized | ||||||
8 | Services for Survivors of Human Trafficking Fund. Moneys | ||||||
9 | deposited into the Fund under this Section shall be available | ||||||
10 | for the Department of Human Services for the purposes in this | ||||||
11 | Section. | ||||||
12 | (b) Each plea of guilty, stipulation of facts, or finding | ||||||
13 | of guilt resulting in a judgment of conviction or order of | ||||||
14 | supervision for an offense under Section 10-9, 11-14.1, | ||||||
15 | 11-14.3, or 11-18 of the Criminal Code of 2012 that results in | ||||||
16 | the imposition of a fine shall have a portion of that fine | ||||||
17 | deposited into the Specialized Services for Survivors of Human | ||||||
18 | Trafficking Fund. | ||||||
19 | (c) If imposed, the fine shall be collected by the circuit | ||||||
20 | court clerk in addition to any other imposed fee. The circuit | ||||||
21 | court clerk shall retain $50 to cover the costs in | ||||||
22 | administering and enforcing this Section. The circuit court | ||||||
23 | clerk shall remit the remainder of the fine within one month of | ||||||
24 | its receipt as follows: |
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1 | (1) $300 shall be distributed equally between all State | ||||||
2 | law enforcement agencies whose officers or employees | ||||||
3 | conducted the investigation or prosecution that resulted | ||||||
4 | in the finding of guilt; and | ||||||
5 | (2) the remainder of the fine shall be remitted to the | ||||||
6 | Department of Human Services for deposit into the | ||||||
7 | Specialized Services for Survivors of Human Trafficking | ||||||
8 | Fund. | ||||||
9 | (d) Upon appropriation of moneys from the Specialized | ||||||
10 | Services for Survivors of Human Trafficking Fund, the | ||||||
11 | Department of Human Services shall use these moneys to make | ||||||
12 | grants to non-governmental organizations to provide | ||||||
13 | specialized, trauma-informed services specifically designed to | ||||||
14 | address the priority service needs associated with | ||||||
15 | prostitution and human trafficking. Priority services include, | ||||||
16 | but are not limited to, community based drop-in centers, | ||||||
17 | emergency housing, and long-term safe homes. The Department | ||||||
18 | shall consult with prostitution and human trafficking | ||||||
19 | advocates, survivors, and service providers to identify | ||||||
20 | priority service needs in their respective communities. | ||||||
21 | (e) Grants made under this Section are in addition to, and | ||||||
22 | not substitutes for, other grants authorized and made by the | ||||||
23 | Department. | ||||||
24 | (f) Notwithstanding any other law to the contrary, the | ||||||
25 | Specialized Services for Survivors of Human Trafficking Fund is | ||||||
26 | not subject to sweeps, administrative charge-backs, or any |
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1 | other fiscal maneuver that would in any way transfer any | ||||||
2 | amounts from the Specialized Services for Survivors of Human | ||||||
3 | Trafficking Fund into any other fund of the State.
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